2SEMPER PRAESUMITUR PRO MATRIMONIO(The presumption is always in favor of the validity of marriage) 3Marriage is a very special contract in that

The parties must be male and female. Actually , the Supreme Court has already stated that in a marriage contract, there are, in fact, 3 parties the man, the woman and the State, considering that the State provides for the duties, privileges and restrictions which are deemed written into every marriage contract.

Unlike ordinary contracts which may be terminated or rescinded by the parties upon mutual agreement, the marital bonds can only be severed by death, or upon a court declaration of nullity or annulment

The rights and obligation of the parties are not subject to stipulation by the parties and are fixed by law and

Breach of the marital contract does not give rise to an action for damages.

4Article 1 of the Family Code (the Code) lays down the basic premise of our laws on marriage

Marriage is a special contract of permanent union between a man and a woman entered into in accordance with law for the establishment of conjugal and family life. It is the foundation of the family and an inviolable social institution whose nature, consequences, and incidents are governed by law and not subject to stipulation, except that marriage settlements may fix the property relations during the marriage within the limits provided by this Code.

5ESSENTIAL REQUISITES

Legal capacity of the contracting parties who MUST be at least 18 years old, male and female, and not under any impediment to marry.

Consent freely given in the presence of the solemnizing officer. (Art. 2, Family Code)

6Examples of void marriages arising from an absence of an essential requisiteAbsence of legal capacity

A marriage between an 18 year old boy and a 16 year old girl.

A marriage between 2 girls or between 2 boys. The Family Code has settled the debate as to whether or not same-sex marriages may be performed in the Philippines. An interesting legal question has arisen, however. What about those who have opted to have a sex change operation?

7Examples of void marriages arising from an absence of an essential requisiteAbsence of legal capacity

This question has been answered and settled by the Supreme Court in the case of Silverio vs. Republic of the Philippines

Republic of the Philippines vs. Cagandahan

8Absence of consent

A marriage in jest

A theatrical marriage

9Other legal impediments that may affect the legal capacity of a person to contract marriage

Prior subsisting marriages (i.e. bigamous marriages)

Incestuous marriages (i.e., those between ascendants and descendants/ brothers and sisters, whether of the full or half blood, legitimate or illegitimate) (Art. 37, Family Code)

10Other legal impediments that may affect the legal capacity of a person to contract marriage

Marriages that are void for reasons of public policy (Art. 38, Family Code), as follows

Between blood relatives up to the 4th civil degree

Between step-parents and step-children

Between parents-in-law and children-in-law

Between the adopter and the adopted

Between the surviving spouse of the adopter and the adopted

Between the adopted child and the legitimate child of the adopter

Between adopted children of the same adopter

Between parties where one, with the intention to marry the other, killed that other persons spouse or his or her own spouse (Art. 38, Family Code)

11The following marriages are considered valid

Between brother-in-law and sister-in-law

Between stepbrother and stepsister

Between the adopted child and the illegitimate child of the adopter

Between the adopted child of the husband and adopted child of the wife.)

12Examples of a Defect in any of the Essential Requisites which Renders the Marriage Voidable.

When either party is between 18 and 21 years of age and the marriage is performed without parental consent

When consent is vitiated by fraud, violence, intimidation or undue influence

13Formal requisites of marriage under the Family Code

Authority of the solemnizing officer

A valid marriage license, save for marriages of exceptional character

(3) A marriage ceremony which takes place with the appearance of the contracting parties before the solemnizing officer and their personal declaration that they take each other as husband and wife, in the presence of not less than two witnesses of legal age

14Under Art. 7 of the Family code, the following are the persons authorized to solemnize marriages

1. Any incumbent member of the judiciary within the court's jurisdiction

-members of the Supreme Court, Court of Appeals, Sandigangbayan and Court of Tax Appeals have jurisdiction to solemnize marriages nationally

-members of the RTC and the MTC have jurisdiction within their territorial jurisdiction

Any priest, rabbi, imam, or minister of any church or religious sect duly authorized by his church or religious sect and registered with the civil registrar general, acting within the limits of the written authority granted by his church or religious sect and provided that at least one of the contracting parties belongs to the solemnizing officer's church or religious sect

Any ship captain or airplane chief (only in marriages in articulo mortis between passengers and/or crew members) in the cases mentioned in Article 31

15Under Art. 7 of the Family code, the following are the persons authorized to solemnize marriages

4. Any military commander of a unit to which a chaplain is assigned, in the absence of the latter, during a military operation (only in marriages in articulo mortis)

5. Any consul-general, consul or vice-consul (only for marriages abroad between Filipinos)

6. A mayor (pursuant to the Local Government Code)

16Marriage License Requirements

Under Art. 9 of the Family code, a marriage license shall be issued by the local civil registrar where either contracting party resides. The application for the marriage license shall be posted for ten (10) consecutive days outside the office of the civil registrar. A license shall be valid in any part of the Philippines for a period of 120 days and shall be automatically cancelled at the end of said period.

No valid marriage license, no valid marriage.

17MARRIAGE CEREMONY

No particular form of the ceremony is required. However, the personal appearance of the parties before the solemnizing officer shall be necessary

18Example of Void Marriages Due to the Absence of a Formal Requisite

Marriages solemnized by the Chief of Police (i.e., total absence of authority of the solemnizing officer)

A marriage with no valid marriage license because the marriage was solemnized after the expiry date of said license

A marriage with no valid marriage license as the marriage was solemnized one year prior to the issuance of the marriage license

Sy vs. Court of Appeals and Sy (G.R. No. 127263, 12 April 2000) -

19Example of Void Marriages Due to the Absence of a Formal Requisite

Absence of a marriage ceremony

Cacho vs. People of the Philippines (G.R. No. 1452261, 6 Feb. 2004)

A marriage solemnized without a license, as certified by the local civil registrar.

Under the Family Code, the bases for determining what constitute void marriages are as follows

Lack of one or more of the essential and formal requisites of marriage

Reasons of public policy and

Special cases and situations

(e.g. psychological incapacity)

26VOID MARRIAGES

Under the Art. 35 of Family Code, the following are marriages that are void from the beginning

Those contracted by any party below eighteen years of the age even with the consent of parents or guardians

Those solemnized by any person not legally authorized to perform marriages unless such marriages were contracted with either or both parties believing in good faith that the solemnizing officer that the legal authority to do so

Those solemnized without a license, except marriages of exceptional character

27VOID MARRIAGES

Under the Art. 35 of Family Code, the following are marriages that are void from the beginning

Those bigamous or polygamous marriages not falling under Article 41

Those contracted through mistake of one contracting party as to the identity of the other

Those subsequent marriages that are void under Article 53.

28VOIDABLE MARRIAGES

In accordance with Art. 45 of the Family code, the following are the voidable marriages

Either party is between 18 to 21 years of age and no parental consent was obtained, unless the such party freely cohabited with the other as husband and wife after reaching the age of 21.

Either party was of unsound mind unless such party freely cohabited with the other after coming to reason,

That the consent of either party was obtained through fraud, unless such party, with full knowledge of the facts constituting fraud, freely cohabited with the other as husband and wife.

29VOIDABLE MARRIAGES

In accordance with Art. 45 of the Family code, the following are the voidable marriages

That the consent of either party was obtained through force, intimidation or undue influence, unless the same having disappeared, such party freely cohabited with the other as husband and wife.

That either party was incapable of consummating the marriage (i.e., impotent) and such incapacity appears to be incurable

That either party was afflicted with a sexually transmissible disease that is serious and incurable (e.g. AIDS).

30The following shall constitute fraud as shall give rise to an action for annulment

Non-disclosure of a previous conviction by final judgment of the other party of a crime involving moral turpitude

Concealment by the wife of the fact that at the time of the marriage, she was pregnant by a man other than her husband

Concealment of a sexually-transmissible disease, regardless of its nature, existing at the time of the marriage or

Concealment of drug addiction, habitual alcoholism, homosexuality or lesbianism existing at the time of the marriage.

31Differences Between Void and Voidable Marriages

As to legal effect, void marriages are inexistent from the beginning and thus produce no legal effects. They are not capable of ratification and children born thereof as illegitimate. Upon a declaration of nullity, the properties of the parties are settled in accordance with the rules on co-ownership.

32Differences Between Void and Voidable Marriages

Voidable marriages, on the other hand, are valid until annulled and may be ratified and cleansed of its defects by cohabitation. The remedy of annulment, however, may be barred by prescription. Thus, in case of fraud force, violence, intimidation or undue influence impotence and affliction of a serious, incurable sexually transmitted disease, the action for annulment must be brought within 5 years by the injured spouse from discovery of the fraud, or from the cessation of the force, violence, intimidation or undue influence or from date of the marriage, in case of impotence and affliction with serious, incurable STD, as the case may be. Ratification of a voidable marriage shall bar an action for annulment even if the prescription period has not yet expired.

33ART. 36. DECLARATION OF NULLITY

As some people may have had the chance to comment, the closest thing to a divorce in the Philippines would be a declaration of nullity under Art. 36 of the Family Code which is premised on the psychological incapacity of one of the parties to comply with the essential marital obligations of marriage, even if such incapacity becomes manifest only after the marriage. It is referred to as a declaration of nullity as the law presumes that the marriage is void from the beginning and thus needs a formal declaration that it is indeed void.

34ART. 36. DECLARATION OF NULLITY

This concept of psychological incapacity is not new to us as it is based on canon law. It does not relate to a persons mental capacity or physical condition, but relates rather to some psychological disorder that renders the person unable to comply with the essential obligations if marriage for example, the conjugal act, the community of life and love, mutual help, procreation, rearing and education of children, and does not refer to isolated idiosyncrasies

35Under the precedentsetting case of Republic of the Philippines vs. Molina

This incapacity must be, among others

Grave enough to bring about an inability to assume the essential obligations of marriage

Incurable or permanent

Present at the time of the marriage even if its effects became manifest after the marriage

Medically or clinically identified and proven by experts

36CONCLUSION

SEMPER PREAESUMITUR PRO MATRIMONIO

Thank you very much.

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